Database Search Result Details
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First Name
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Colleen
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Last Name
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Worley
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Decision Date
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1/14/2022
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Docket Number
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2022-0349-JacED
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ALJ
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LRB
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Respondent
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Jackson County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Dismissal; Jurisdiction
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Primary Issues
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Whether issue in dispute should be dismiss or go to full hearing.
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Outcome
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Failure to State a Claim
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Statutes
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W. Va. Code St. R. § 156-1-6.19.3
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Related Cases
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Dooley, et al. v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Motion to Dismiss; Failure to State a Claim; Relief; Jurisdiction
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Respondent moves the Grievance Board to dismiss this grievance matter. The record includes Grievant’s acknowledgement and recognition that her allegations stem from Respondent’s COVID-19 face covering rule and Grievant’s failure to comply. The COVID-19 Jobs Protection Act establishes an absolute defense against claims based on an employer’s implementation of policies and procedures designed to prevent or minimize the spread of COVID-19 and dictates the grievance be dismissed as a matter of law. Grievant’s allegations and acknowledgements of record tend to place this matter within the auspices of the COVID-19 Jobs Protection Act. The Grievance Board lacks jurisdiction in this matter. Accordingly, this grievance is dismissed.
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